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European Union regulators on Monday said that Apple is in breach of sweeping new tech rules because it does not allow customers of its App Store to be steered to alternatives.

The European Commission, the EU’s executive arm, also said it had opened a new probe into Apple into new contractual terms with developers.

The EU opened an investigation into Apple, Alphabet and Meta in March under a landmark new law known as the Digital Markets Act (DMA), which aims to reel in the power of Big Tech firms. So-called anti-steering rules were one of the big areas of focus of the probe. Under the DMA, tech firms are not allowed to block businesses from telling their users about cheaper options for their products or about subscriptions outside of an app store.

On Monday, regulators said in their preliminary findings that Apple was in breach of the DMA because its App Store rules “prevent app developers from freely steering consumers to alternative channels for offers and content.”

CNBC has reached out to Apple for comment.

Apple only allows steering through a system where app developers can provide a link that sends users to a webpage where they can then purchase content, such as a subscription, according to the Commission. However, this process is “subject to several restrictions imposed by Apple that prevent app developers from communicating, promoting offers and concluding contracts through the distribution channel of their choice,” the Commission noted.

The regulators also said that the fees Apple charges developers for the initial acquisition of new customers via the App Store “go beyond what is strictly necessary.” The Commission did not disclose what represents a “strictly necessary” fee.

Apple could face fines of up to 10% of the company’s total worldwide annual turnover, if it is found in breach of the DMA.

The U.S. tech giant has been in EU’s crosshairs this year. Regulators hit Apple with a 1.8 billion euro ($1.93 billion) antitrust fine in March for abusing its dominant position in the market for the distribution of music streaming apps. The steering rules were also a focus in that investigation.

EU opens another DMA probe

Apple made some big changes to its App Store in the EU this year in anticipation of the DMA. The Cupertino giant now allows apps to be downloaded from websites, as well as third-party app stores on its devices.

But the Commission also raised concerns about some of Apple’s new practices.

Apple still charges a “core technology fee” of 50 euro cents ($0.54) per app installed for downloads outside its own App Store. The Commission said it is looking into whether this complies with the DMA.

Regulators are also looking at whether the steps Apple makes users take to download alternative app stores or apps comply with the bloc’s rules.

The Commission will also look at whether “eligibility requirements related to the ability to offer alternative app stores or directly distribute apps from the web on iPhones” is also in compliance with the tech law.

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Cramer slams Amazon for considering a circular AI deal reminiscent of the dotcom bubble

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Cramer slams Amazon for considering a circular AI deal reminiscent of the dotcom bubble

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Amazon says AI chief Rohit Prasad is leaving, Peter DeSantis to lead ‘AGI’ group

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Amazon says AI chief Rohit Prasad is leaving, Peter DeSantis to lead 'AGI' group

Rohit Prasad, Senior VP & Head Scientist for Alexa, Amazon, on Centre Stage during day one of Web Summit 2022 at the Altice Arena in Lisbon, Portugal.

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Rohit Prasad, a top Amazon executive overseeing its artificial general intelligence unit, is leaving the company at the end of this year, the company confirmed Wednesday.

As part of the move, Amazon CEO Andy Jassy said the company is reorganizing the AGI unit under a more expansive division that will also include its silicon development and quantum computing teams. The new division will be led by Peter DeSantis, a 27-year veteran of Amazon who currently serves as a senior vice president in its cloud unit.

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Oracle stock dips 5% on report Blue Owl Capital won’t back $10 billion data center

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Oracle stock dips 5% on report Blue Owl Capital won't back  billion data center

Blue Owl decided not to pursue Oracle’s $10 billion Michigan data center, source familiar

Oracle stock dipped about 5% on Wednesday following a report that discussions with Blue Owl Capital on backing a $10 billion data center in Michigan had stalled, although the cloud company later disputed the report.

Blue Owl had been in talks with Oracle about funding a 1-gigawatt facility for OpenAI in Saline Township, Michigan, according to the Financial Times.

However, the plans fell through due to concerns about Oracle’s rising debt levels and extensive artificial intelligence spending, the FT reported, citing people familiar with the matter.

This comes as some investors raise red flags about the funding behind the rush to build ever more data centers.

The concern is that some hyperscalers are turning to private equity markets rather than funding the buildings themselves, and entering into lease agreements that could prove risky.

Blue Owl did look into the project, but pulled out due to unfavorable debt terms and the structure of repayments, according to a person familiar with the company’s plans who asked not to be named in order to discuss a confidential matter.

Blue Owl is still involved in two other Oracle sites, the person said.

The person added that Blue Owl was also concerned that local politics in Michigan would cause construction delays.

Oracle later responded to the FT report, saying the project was moving forward and that Blue Owl was not part of equity talks.

“Our development partner, Related Digital, selected the best equity partner from a competitive group of options, which in this instance was not Blue Owl. Final negotiations for their equity deal are moving forward on schedule and according to plan,” Oracle spokesperson Michael Egbert said in a statement.

The cloud company did not name the firm involved in current equity talks for the project.

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CNBC has reached out to the FT for comment.

The FT said that Blackstone is in discussions to potentially replace Blue Owl Capital as a financial partner for the data center, although no deal has been signed yet.

Blue Owl Capital has been the primary investor in Oracle’s data center projects in the U.S., including a $15 billion center in Abilene, Texas, and an $18 billion site in New Mexico, the FT said.

“This appears to be a case where the deal simply wasn’t the right one, and seasoned investors understand that success does not require winning every transaction,” Evercore ISI analysts wrote in a note on Wednesday.

The bank added that digital infrastructure remains a “core growth vertical” for the Blue Owl, noting an upcoming digital infrastructure fund in 2026 that would add to its $7 billion fund announced in May.

Oracle has $248 billion in lease commitments for data centers and cloud capacity commitments over the next 15 to 19 years as of Nov. 30, the company said in its latest quarterly filing. That is up almost 148% from August.

In September, the cloud computing giant raised $18 billion in new debt, according to an SEC filing. That same month, OpenAI announced a $300 billion partnership with Oracle over the next five years.

By the end of November, the company owed over $124 billion, including operating lease liabilities, according to the filing.

Oracle shares are down about 50% from the high of $345.72 reached in September.

Read the full FT story here.

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